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Approval and Promulgation of Air Quality Implementation Plans; Alabama: Birmingham 1997 8-Hour Ozone Contingency Measures

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[Federal Register: July 30, 2009 (Volume 74, Number 145)]
[Proposed Rules]
[Page 37977]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy09-23]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2008-0592(b); FRL-8937-1]

Approval and Promulgation of Air Quality Implementation Plans;
Alabama: Birmingham 1997 8-Hour Ozone Contingency Measures

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Alabama State
Implementation Plan (SIP), submitted by the Alabama Department of
Environmental Management (ADEM), on February 6, 2008, to adopt specific
contingency measures in the form of permit conditions for two cement
kilns. These contingency measures are being adopted for the continued
maintenance of the 1997 8-hour ozone National Ambient Air Quality
Standards (NAAQS) in Jefferson and Shelby Counties (``Birmingham
Area''). On May 12, 2006, EPA approved the 8-hour ozone redesignation
of the Birmingham Area from nonattainment to attainment for the 1997 8-
hour ozone NAAQS (see, 71 FR 27631). Additional measures may be
necessary in the future; however, these revisions qualify as contingency
measures as required under Section 175A(d) of the Clean Air Act (CAA).

DATES: Written comments must be received on or before August 31, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2008-0592 by one of the following methods:
    1. http://www.regulations.gov: Follow the online instructions for
submitting comments.
    2. E-mail: benjamin.lynorae@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2008-0592,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.

Please see the direct final rule which is located in the Rules section
of this Federal Register for detailed instructions on how to submit comments.

FOR FURTHER INFORMATION CONTACT: Ms. Stacy Harder, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Ms. Harder may be
reached by phone at (404) 562-9042, or by electronic mail at
harder.stacy@epa.gov. For information relating to the Alabama State
SIP, please contact Mr. Zuri Farngalo. Mr. Farngalo may be reached at
(404) 562-9152, or by electronic mail at farngalo.zuri@epa.gov.

SUPPLEMENTARY INFORMATION: When the Birmingham Area was redesignated to
attainment, Alabama was also required to submit a maintenance plan
which provided for contingency measures should the Area violate the
standard after being redesignated to attainment. The May 12, 2006,
maintenance plan was designed to keep the Birmingham Area in attainment
through 2017, initially, with a later extension of the maintenance plan
to include a time period of no less than 20 years after the Area was
redesignated originally. After attaining the 1997 8-hour ozone standard
based on 2003-2005 ambient air monitoring data, the Birmingham Area
violated the standard with 2004-2006 ambient air monitoring data. The
February 6, 2008, SIP revision, provided by Alabama for EPA approval,
was submitted to fulfill ADEM's commitment to adopt, within 18 months
of a violation of the 1997 8-hour ozone standard, one or more
contingency measures to help the Area re-attain the standard. EPA is
proposing to approve the revisions pursuant to section 110 of the CAA.
On March 27, 2008, EPA issued a revised ozone standard (see, 73 FR
16436). Today's action however, is being taken to address requirements
under the 1997 8-hour ozone standard.
    In the Final Rules Section of this Federal Register, EPA is
approving the State's SIP revision as a direct final rule without prior
proposal because the Agency views this as a noncontroversial submittal
and anticipates no adverse comments. A detailed rationale for the
approval is set forth in the direct final rule. If no adverse comments
are received in response to this rule, no further activity is
contemplated. If EPA receives adverse comments, the direct final rule
will be withdrawn and all public comments received will be addressed in
a subsequent final rule based on this proposed rule. EPA will not
institute a second comment period on this document. Any parties
interested in commenting on this document should do so at this time.
    For additional information see the direct final rule which is
published in the Rules Section of this Federal Register.

    Dated: July 16, 2009.
J. Scott Gordon,
Acting Regional Administrator, Region 4.
[FR Doc. E9-18028 Filed 7-29-09; 8:45 am]
BILLING CODE 6560-50-P

 
 

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